Comparative Law and Courts Midterm Study Guide: Key Concepts and Questions, Study notes of Political Science

Download Comparative Law and Courts Midterm Study Guide: Key Concepts and Questions and more Study notes Political Science in PDF only on Docsity! LSJ/ POL S 367 Comparative Law and Courts Midterm Study Guide The midterm exam will be on Tuesday, 28 October. The exam is closed book (books and notes may not be consulted during the exam). You do not need to bring bluebooks. The exam will consist of one essay question and a series of short-answer type questions. You will be tested on material from Part I and Part II of the course. Preparation should include reviewing your required readings, the weekly study questions/guides and the lectures. The guide below will help focus your review. Study groups might also be helpful. Terms/Concepts: Be able to identify, define and cite examples, as relevant. Annulment Negative rights Positive rights Substitution of law and office for mutual consent Hans Kelsen Anticipatory reaction Balancing Proportionality Tests Conseil d’Etat General Questions 1. Referring to the continuum of social norms of behavior, give concrete examples of norms that are associated with each category. In which category are the penalties for breaking the norm the highest and why? 2. What are the social functions of laws? Be able to identify and cite examples for each function. Why do people obey norms? Your answer should include a general statement and concrete examples. 3. Be familiar with the roles that norms can play in dispute resolution. Cite clear examples of each. 4. Understand the logic of courts. In particular, focus on the 3 main roles that courts play and how these varying roles may impact the social legitimacy of a court. Be familiar with examples from your readings/lecture. 5. Shapiro argues that there is a “fundamental paradox in our courts” (Shapiro 1994, p. 155). State what this paradox is. 6. Be able to compare and contrast common law and civil law systems with reference to variation in both the traditional European model as well as that evolved since the New Constitutionalism in Europe. 7. Be familiar with the distinctive characteristics of the American Courts/Legal System. Familiarize yourself with the structure and relative autonomy of US courts. In general, is the American court/legal system more or less politically powerful in terms of its reach into 1